Chapter V: Part 5

The Assembly having considered the Supplication given in by Doctor _Robert Howie_, Provest of the new Colledge of S. _Andrews_, whereby he craved, that (notwithstanding of his admission of his charge) he should not be prejudged of his full provision and maintenance during his life time: The Assembly thinks it fit and necessary, that his provision and maintenance should not be diminished, but that he should injoy the same fully, as before during all the dayes of his life time, and craveth his dismission to be only but a cessation from his charge, because of his age and inability: And declares, that old Ministers and professors of Divinitie, shall not by their cessation from their charge, through age and inabilitie, be put from injoing their old maintenance & dignity. And recommends this and others the like things, concerning the estate of that Universitie of S. _Andrews_, to the Parliament, and the Visitation to be appointed from the Assembly & Parliament. And likewise the Assembly being informed, that the said Doctor _Howie_ hath been very painfull in his charge, and that he hath divers papers which would be very profitable for the Kirk: Therefore they think fit, that the said doctor _Howie_ be desired to collect these papers, which doeth concerne, & may be profitable for the use of the Kirk, that the samine may be showne to the Visitors of the said Universitie.

Sess. 8. Aug. 2. 1641. a meridie.

_Act against sudden receiving Ministers deposed._

The Assembly ordaines, that Ministers who are deposed either by Presbyteries, Synods, or Generall Assemblies, or Committees from Assemblies for the publike cause of the Reformation and order of this Kirk, shall not be suddenly received againe to the Ministerie, till they first evidence their repentance both before the Presbyterie and Synod, within the bounds where they were deposed, and thereafter the samine reported to the next ensuing Generall Assembly.

Sess. 9. Aug. 3. 1641.

_The Overtures under-written, concerning the Universities and Colledges of this Kingdome to be represented by the Generall Assembly, to the Kings Majesty and Parliament, being openly read, the Assembly approved the saids Overtures, and ordained them to be recommended to the Parliament._

First, because the good estate both of the Kirk and Commonwealth, dependeth mainly upon the flourishing of Universities and Colledges, as the Seminaries of both, which cannot be expected, unlesse the poore meanes which they have, be helped, and sufficient revenues be provided for them and the same well imployed: Therefore that out of the rents of prelacies; Collegiat or Chapter-Kirks, or such like, a sufficient maintenance be provided for a competent number of Professors, Teachers, and Bursers in all faculties, and especially in Divinitie, and for upholding, repairing, and enlarging the Fabrick of the Colledges, furnishing Libraries, and suchlike good uses in every Universitie and Colledge.

II. Next for keeping of good order, preveening and removing of abuses, and promoving of pietie and learning, it is very needfull & expedient, that there be a communion and correspondencie kept betwixt all the Universities and Colledges. And therefore that it be ordained, that there be a meeting once every year at such times and places as shall be agreed upon, of Commissioners from every University and Colledge to consult and determine upon the common affairs, and whatsoever may concerne them, for the ends above-specified, and who also, or some of their number may represent what shall be needfull and expedient for the same effect, to Parliaments and Generall Assemblies.

III. _Item_, That special care be had that the places of the Professors, especially of Professors of Divinity in every University and Colledge. Be filled with the ablest men, and best affected to the Reformation and order of this Kirk.

Sess. 10. August 4. 1641.

_Act against Impiety and Schisme._

The Assembly seriously considering the present case and condition of this Kirk and Kingdome, what great things the Lord hath done for us, especially since the renewing of our Covenant, notwithstanding our former backsliding and desertion; and if we shall either become remisse in the dueties of Piety, or shall not constantly hold and keep our Religion, unto which we have bound ourselves so straitly and solemnly, what dishonour we doe unto the Name of God before men, who have their eyes upon us, and how great judgements we bring upon our selves, upon these and the like considerations, The Assembly doth finde it most necessary to stirre up themselves, and to provoke all others both Ministers and people of all degrees, not only to the religious exercises of publike worship in the Congregation, and of private worship in their families, and of every one by themselves apart, but also to the duteies of mutual edification, by instruction, admonition, exhorting one another to fordwardnesse in Religion, and comforting one another in whatsoever distresse; and that in all their meetings, whither in the way of civill conversation, or by reason of their particular callings, or any other occasion offered by divine providence, no corrupt communication proceed out of their mouth, but that which is good to the use of edifying, that it may minister grace unto the hearers: And because the best means have been, and may still be despised or abused, and particularly the duetie of mutual edification, which hath been so little in use, and so few know how to practise in the right manner, may be upon the one part subject to the mocking of ungodly and worldly men, who cannot endure that in others, which they are not willing to practise themselves, and upon the other part, to many errors and abuses, to which the godly through their weaknes may fall, or by the craftinesse of others may be drawn into, such as are Error, Heresie, Schisme, Scandal, Self-conceit, and despising of others, pressing above the common calling of Christians, and usurping that which is proper to the Pastoral Vocation, contempt or misregard of the publike means idle and unprofitable questions which edifie not, uncharitable censurings, neglect of duties in particular callings, businesse in other mens Matters and Callings, and many such others in doctrine, charity, and manners, which have dolefully rent the bowels of other Kirks, to the great prejudice of the Gospel.

Therefore the Assembly, moved with the zeal of God against all abuses and corruptions, and according to their manifold obligations, most earnestly desiring and thirsting to promove the work of Reformation, and to have the comfort and power of true godlinesse sensible to every soul, and Religion to be universally practised in every Family, and by every person at all occasions, Doth charge all the Ministers and Members of this Kirk whom they doe represent, that according to their several places and vocations, they endeavour to suppresse all impiety and mocking of religious exercises, especially of such as put foule aspersions, and factious or odious names upon the godly. And upon the other part, that in the fear of God they be aware and spiritually wise, that under the name and pretext of religious exercises, otherwayes lawful and necessary, they fall not into the aforesaid abuses; especially, that they eschew all meetings which are apt to breed Error, Scandall, Schisme, neglect of dueties and particular callings, and such other evils as are the works, not of the spirit, but of the flesh, and are contrary to truth and peace; and that the Presbyteries and Synods have a care to take order with such as transgresse the one way or the other.

Sess. 14. August 6. 1641. a Meridie.

Act _anent Novations_.

Since it hath pleased God to vouchsafe us the libertie of yearly General Assemblies, It is ordained according to the Acts of the Assembly at _Edinburgh_ 1639. and at _Aberdene_ 1640. that no Novation in Doctrine, Worship, or Government, be brought in, or practised in this Kirk, unlesse it be first propounded, examined, and allowed in the General Assembly, and that transgressors in this kinde be censured by Presbyteries and Synods.

Act. Sess. 15. August 7. 1641.

_Overtures anent Bursars, and Expectants._

_The Overtures under-written being openly read in audience of the Assembly, were approved, and declared by them to be Acts of the Assembly, in all time coming, to be observed_ respective, _as the samine bears._

The Assembly thinks meet for maintaining of Bursars of Divinitie, that every Presbyterie that consists of twelve Ministers shall maintain a Bursar, and where the number is fewer nor twelve, shall be joyned with these out of another Presbyterie where their number exceeds; where this course is not already kept, it is to be begun without longer delay, and every Provincial is ordained to give an accompt of their number of Bursars, that is constantly to be entertained by their Province, at the next ensuing General Assembly.

II. No expectant shall be permitted to preach in publike before a Congregation, till first he be tryed after the same manner, howbeit not altogether with that accuracie which is injoyned by the act of the Assembly of _Glasgow_ 1638. which prescribes the order and manner of tryall that is to be kept with these who are to be admitted to the holy Ministrie: and none so tryed shall preach in publike, without the bounds of the University or Presbyterie where he past his tryalls, till he first make it known to the other Presbyteries, where he desires to be heard, by a testimoniall from the Universitie or Presbyterie where he lived, that he hath bin of an honest conversation, and past his tryalls conform to the order here prescribed: Which being done in the meeting of the Province or Presbyterie, where he desires to be heard; he is to be allowed by them to preach within the bounds of that Province or Presbyterie, without any further tryall to be taken of him.

III. Expectants being educate in a Colledge that was corrupt, or under a corrupt Minister, if they themselves have been known to have been tainted with error, or opposite to our Covenant, and the blessed Work of Reformation within this Kirk, the same order is to be kept in admitting them to the holy Ministrie, or to any place in the Colledges or Schooles of this Kingdome, that was ordained to be kept in admission of these Ministers who fled out of the Countrey, and shew themselves opposite to our Covenant and Reformation.

Act Sess. 17. August 9. 1641.

_Act against unlawfull Bands._

The Assembly taking to their consideration the question proponed unto them concerning the Band, the copy whereof was presented before them from the Parliament, doth find and declare that Bands of this and the like nature, may not lawfully be made: By which Declaration the Assembly doth not intend to bring any censure for what is past, and by the wisedome and care of the Committee of the Parliament is taken away, upon any person, who being required by the Moderator and the Clerk, shall under his hand declare before them, That as the Assembly doth finde that the subscribers are not astricted by their Oath to the tenor of the said Band, so he findeth himself not to be astricted by his Oath to the tenor thereof; but the intention of the Assembly is meerly to prevent the like in time coming.

Sess. 18. August 9. 1641. a meridie.

_A Letter from some Ministers in_ England _to the Assemblie._

_Right Reverend and dear Brethren, now conveened in this Generall Assembly,_

Wee most heartily salute you in the Lord, rejoycing with you in his unspeakable goodnesse, so miraculously prospering your late endeavours, both for the restoring and settling of your own Liberties and Priviledges, in Church and common wealth (which we heare and hope he is now about to accomplish) as also for the occasioning and advancing of the Worke of Reformation among our selves; for which as we daily blesse the highest Lord, sole Author of all one good, so doe we acknowledge your selves worthy Instruments thereof. And for that (besides all other respects) doe, and ever shall (by the help of God) hold you deare unto us, as our own bowels, and our selves obliged to tender unto you all due correspondence according to our power, upon all good occasions.

And now (dear Brethren) forasmuch as the Church of Christ is but one body, each part whereof cannot but partake in the weale and woe of the whole, and of Each other part; and these Churches of _England_ and _Scotland_, may seem both to be imbarqued in the same bottome, to sink and swim together, and are so near conjoyned by many strong tyes, not only as fellow members under the same Head Christ, and fellow-subjects under the same King; but also by such neighbour-hood and vicinity of place, that if any evil shall much infest the one, the other cannot bee altogether free: Or if for the present it should, yet in processe of time it would sensibly suffer also. And forasmuch as evils are better remedied in their first beginning, then after they have once taken deep root; therefore we whose names are here under-written, in the behalf of our selves, and of many others, Ministers of the Church of _England_ be bold to commend to your consideration; (being met together in this venerable Assembly) a difference of great concernment, which you may please (in brief) thus to understand. Almighty God having now of his infinite goodnesse raised up our hopes of removing the yoke of Episcopacie (under which we have so long groaned) sundry other forms of Church-government are by sundry sorts of men projected, to be set up in the roome thereof: One of which (amongst others) is of some Brethren that hold the whole power of Church-government, & all Acts thereunto appertaining (as Election, Ordination, and Deposition of Officers, with Admission, Excommunication & Absolution of Members) are by divine Ordinance _in foro externo_, to be decreed by the most voices, in, and of every particular Congregation, which (say they) is the utmost bound of a particular Church: endued with power of Government, & only some Formalities of solemne execution to be reserved to the Officers (as servants of the saids Church) if they have any, or if none, then to be performed by some other members, not in office, whom the said Church shal appoint thereunto, And that every of the said particular Congregations (whether they consists of few or many Members, and be furnished with Offices or not) lawfull: may & ought to transact, determine & execute all matters pertaining to the government of themselves amongst & within themselves without any authoritative (though not consulatory) concurrence or interposition of any other persons or Churches whatsoever, condemning all imperative and decisive power of Classes, or compound Presbyteries and Synods, as a meere usurpation. Now because we conceive that your judgement in this case may conduce much by the blessing of God, to the settling of this question amongst us; Therefore we doe earnestly intreat the same at your hands, and that so much the rather, because we sometimes hear from those of the aforesaid judgement, that some famous and eminent Brethren, even amongst your selves, doe somewhat encline unto an approbation of that way of government. Thus humbly craving pardon for our boldnesse, leaving the matter to your grave considerations, and expecting answer at your convenient leasure, We commit you, and the successe of this your meeting, to the blessing of the Almighty, in whom we shall ever remain.

_London, 12 Ju’y. 1641._

_Your faithfull Brethren to serve you in all offices of love._

_The Assemblies Answer to the English Ministers Letter._

_Right reverend and dearly beloved Brethren in our Lord and common Saviour Jesus Christ._

Wee the Ministers and Elders met together in this Nationall Assembly, were not a little refreshed and comforted by the good report which we heard of you, and others of our Brethren of the Kirk of _England_, by some of our Ministers, who by the good providence of our Lord had seen your faces, and conversed with you. But now yet more comforted by your Letters which we received, and which were read in the face of the Assembly, witnessing your Christian love, and rejoycing with us in God for his great and wonderfull Work in the Reformation of this Kirk, and in the beginning of a blessed Reformation amongst your selves, and that you are so sensible of your communion and fellowship with us, and to desire to know our minde and judgement of that which some Brethren amongst you hold, concerning Kirk-government.

We doe with our hearts acknowledge and wonder at the great and unspeakable wisedome, mercie, and power of our God, in restoring unto us the truth and puritie of Religion, after many Back-slidings and defection of some in this Kirk, & desire not only to confesse the same before the world, and all other Christian Kirks, but also doe pray for grace to walk worthy of so wonderful a love: We have been helped by your prayers, in our weak endeavours, & you have mourned with us, (we know) in the dayes of our mourning; and therefore is it that you doe now rejoyce and praise God with us. Neither are we out of hope, but the same God shall speedily perfect that which he hath begun amongst you, that your joy may be full, which is the desire of our soule, and for which we doe now pray, and in our severall Congregations will be instant at the throne of grace, for this and all other spirituall and temporall blessings upon the Kirk and Kingdome of _England_, by name, expecting the like performance of mutuall love from you and others equally minded with you, for your parts, till a common consent may be obtained, even that you will recommend the Kirk of _Scotland_ by name in your prayers to God. Thus shall we be as one people, mourning and rejoycing, praying and praising together; which may be one meane of the preservation of Unity, and of many other blessings to us both.

We have learned by long experience, ever since the time of the Reformation, and specially after the two Kingdomes have been (in the great goodnesse of God to both) united under one Head and Monarch, but most of all of late, which is not unknown to you, what danger and contagion in matters of Kirk-government, of divine worship, and of doctrine, may come from the one Kirk to the other, which beside all other reasons make us to pray to God, and to desire you, and all that love the honour of Christ, and the peace of these Kirks and Kingdomes, heartily to endeavour, that there might be in both Kirks, one Confession, one Directory for publicke worship, one Catechisme, and one Forme of Kirk-government. And if the Lord who hath done great things for us, shall be pleased to hearken unto our desires, and to accept of our endeavours, we shall not only have a sure foundation for a durable Peace, but shall be strong in God, against the rising or spreading of Heresie and Schisme amongst our selves, and of invasion from forraine enemies.

Concerning the different Formes of Kirk-government, projected by sundrie sorts of men, to be set up in place of Episcopall Hierarchie, which we trust is brought near unto its period, we must confesse, that we are not a little grieved that any godly Ministers and Brethren should be found, who doe not agree with other Reformed Kirks in the point of government as well as in the matter of Doctrine and worship; and that we want not our own feares, that where the hedge of Discipline and Government is different, the Doctrine and Worship shall not long continue the same without change: yet doe not marvell much, that particular Kirks and Congregations which live in such places, as that they can conveniently have no dependencie upon superiour Assemblies, should stand for a kind of independencie and supremacie in themselves, they not considering that in a nation or Kingdome, professing the same Religion, the government of the Kirk by compound Presbyteries and Synods is a help and strength, and not a hinderance or prejudice to particular Congregations and Elderships, in all the parts of Kirk-government; and that Presbyteries and Synods are not an extrinsecall power set over particular Kirks, like unto Episcopal dominion, they being no more to be reputed extrinsecal unto the particular Kirks, nor the power of a Parliament, or Convention of Estates, where the Shires and Cities have their own Delegates, is to be held extrinsecal to any particular Shire or City.

Our unanimous judgement and uniforme practice, is, that according to the order of the Reformed Kirks, and the ordinance of God in his Word, not onely the solemne execution of Ecclesiastical power and authoritie, but the whole acts and exercise thereof, do properly belong unto the Officers of the Kirk; yet so that in matters of chiefest importance, the tacite consent of the Congregation be had, before their decrees and sentences receive final execution, and that the Officers of a particular Congregation, may not exercise this power independently, but with subordination unto greater Presbyteries and Synods, Provincial and National: Which as they are representative of the particular Kirks conjoyned together in one under their government; so their determination, when they proceed orderly, whether in causes common to all, or many of the Kirks, or in causes brought before them by appellations or references from the inferiour, in the case of aberation of the inferiour, is to the several Congregations authoritative and obligatorie and not consultatory only: And this dependencie and subordination, we conceive not only to be warranted by the light of nature, which doth direct the Kirk in such things as are common to other societies, or to be a prudential way for Reformation, and for the preservation of Truth and Peace, against Schisme, Heresie, and Tyranny, which is the sweet fruits of this government wheresoever hath place, and which we have found in ancient and late experience; but also to be grounded upon the Word of God, and to be conforme to the paterne of the Primitive and Apostolical Kirks: And without which, neither could the Kirks in this Kingdome have been reformed, nor were we able for any time to preserve Truth and Unity amongst us.

In this forme of Kirk-government, our unanimity and harmony by the mercy of God, is so full and perfect, that all the Members of this Assembly have declared themselves to be of one heart, and of one soule, and to be no lesse perswaded, that it is of God, then that Episcopal government is of men; resolving by the grace of God, to hold the same constantly all the dayes of our life, and heartily wishing that God would blesse all the Christians Kirks, especially the famous Kirk of _England_, unto which in all other respects we are so nearly joyned with this divine Forme of government. Thus having briefly and plainly given our judgement for your satisfaction, and desiring and hoping that ye will beleeve against all mis-reports, that we know not so much as one man, more or lesse eminent amongst us, of a different judgement, we commend you unto the riches of the grace of Christ, who will perfect that which he had begun amongst you, to your unspeakable comfort. Subscribed by our Moderator and Clerk.

_Edinburgh 9. August, 1641._

_The Assemblies Answer to the Kings Majesties Letter._

Most gracious Soveraign,

Beside the conscience of that duetie which we owe to supreme Authority, we are not only encouraged, but confirmed by the Royal favour and Princely munificence, expressed in Your gracious Majesties Letters, which filled our hearts with joy, and our mouths with praise, to offer up our prayers with the greater fervencie to God Almightie for your Majesties happinesse, our selves for our own parts, and for the whole Kirks of this your Majesties Kingdome, which we doe represent, to serve Your Majestie in all humble obedience, our faithful labours for preserving Trueth and Peace amongst all Your Majesties Subjects, and our example (according to Your Majesties just commandments laid upon us) to be a presedent to others in paying that honour, which by all Lawes divine and humane, is due unto Your sacred Majestie, being confident that your Majestie shall finde at your coming hither much more satisfaction and content then can be expressed by

_Your Majesties most humble Subjects and faithful Servants, the Ministers and Elders met together in the vonerable Assembly at_ St. Andrews, _July 20, and_ Edinburgh, _July 27. 1641._

_Act anent the Kirk of_ Campheir.

The which day a motion was made in the Assembly, that it seemed expedient for correspondencie that might be had from forraigne parts, for the weal of this Kirk, That the Scots Kirk at _Campheir_ were joyned to the Kirk of _Scotland_, as a Member thereof: Which being seriously thought upon and considered by the Assembly, they approved the motion, and ordained Master _Robert Baillie_ Minister at _Cilwinning_, to write to Master _William Spang_ Minister at _Campheir_, and Kirk-Session thereof, willing them to send their Minister, and a ruling Elder, instructed with a Commission to the next General Assembly to be holden at St _Andrews_, the last Wednesday of _July 1642._ at which time they should be inrolled in the Books of the General Assembly, as the Commissioners of the General Assembly of _Scotland_, from the Scots Kirk at _Campheir_.

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_The Assembly appoints the next General Assembly to be holden at_ St. Andrews, _the last Wednesday of_ July _next_, 1642.

THE GENERALL ASSEMBLY, CONVEENED AT S. ANDREWS, JULY 27. 1642.

Act Sess. 1. July 27. 1642.

_The Kings Letter to the Generall Assembly, presented by His Majesties Commissioner, the Earle of_ Dumfermling, _July 27. 1642._

CHARLES R.

In the midst of Our great and weighty affaires of Our other kingdoms, which God Almighty, who is privie to Our Intentions, and in whom We trust, will in his own time bring to a wished and peaceable conclusion, We are not unmindfull of that duetie which we owe to that Our ancient and native Kingdome, and to the Kirks there, now met together by their Commissioners in a Nationall Assembly. God whose Vice-gerent We are, hath made Us a King over divers Kingdomes, and We have no other desire, nor designe, but to govern them by their own Lawes, and the Kirks in them by their own Canons and Constitutions. Where any thing is found to be amisse, We will endeavour a Reformation in a fair and orderly way; and where a Reformation is settled, We resolve, with that authoritie where with God hath in vested Us, to maintain and defend it in peace and libertie, against all trouble that can come from without, and against all Heresies, Sects, and Schismes which may arise from within. Nor do We desire any thing more in that Kingdom (and when We shall hear of it, it shall be a delight and matter of gladnesse unto Us) then that the Gospel be faithfully preached throughout the whole Kingdom, to the outmost skirts and borders thereof. Knowing that to be the mean of honour to God, of happinesse to the people, and of true obedience to Us. And for this effect, that holy and able men be put in places of the Ministery, and that Schooles and Colledges may flourish in Learning and true Pietie. Some things for advancing of those ends, We did of Our own accord promise in Our Letters to the last Assembly, and We make your selves Judges, who were witnesses to Our Actions, while We were there in Person, whether we did not perform them both in the point of presentations which are in our hands, and in the liberall provision of all the Universities and Colledges of the Kingdome, not only above that which any of Our Progenitors had done before Us, but also above your owne hopes and expectation. We doe not make commemoration of this Our Beneficence, either to please Ourselves, or to stop the influence of Our Royal goodnesse and Bountie for afterward, but that by these reall demonstrations of Our unfained desires and delight to do good, you may be the more confident to expect from Us, whatsoever in Justice We can grant, or what may be expedient for you to obtaine. We have given expresse charge to Our Commissioner, to see that all things be done there orderly and peaceably, as if We were present in Our Own Person; not doubting but in thankfulnesse for your present estate and condition, you will abstaine from every thing that may make any new disturbance, and that you will be more wise then to be the enemies of your own peace, which would but stumble others, and ruine your selves. We have also commanded Our Commissioner to receive from you your just and reasonable desires, for what may further serve for the good of Religion, that taking them to Our consideration, We may omit nothing which may witnesse Us to be indeed a nursing Father of that Kirk, wherein We were born and baptized, and that if ye be not happy, you may blame not Us, but your selves. And now what doe We again require of you, but that which otherwise you owe to Us as your Soveraigne Lord and King, even that ye pray for Our prosperitie and the peace of Our Kingdomes, that ye use the best meanes to keep Our People in obedience to Us and Our Lawes, which doth very much in Our personall absence from that Our Kingdom depend upon your preaching, and your owne exemplary loyaltie and faithfulnesse, and that against all such jealousies, suspitions, and sinister rumors as are too frequent in these times, and have been often falsified in time past, by the reality of the contrary events: Ye judge Us and Our professions by Our actions, which we trust through God in despight of malice shall ever go on in a constant way for the good of Religion, and the weal of Our People, which is the Chiefest of Our intentions and desires. And thus We bid you farewell. _Given at Our Court at_ Leicester, _the 23. of_ July, 1642.

_To Our trusty and wel beloved the Generall Assembly in our Kingdom of_ Scotland _conveened at_ S. Andrews.

Act Sess 3. July 29. 1642.

_Act for bringing in of the Synode Books yeerly to the General Assemblies._

The Moderator calling to minde that which was forgotten in the preceeding Sessions, the examination of the Provincial Books, caused call the Roll of the Provinciall Assemblies, And the Assembly finding very few Provinces to have sent their Books to this Assembly, notwithstanding of the ordinance of the former Assembly thereanent, for the more exact obedience of that ordinance hereafter, the Assembly in one voyce ordaines, That the Books of every Provincial Assembly shall be brought and produced to every General Assembly: And that this may be performed, ordaines that every Clerk of the Provincials, either bring or send the said Books yearly to the General Assemblies, by the Commissioners sent to the Assemblies, from these Presbyteries where the Clerks reside. Which charge the Assembly also layes upon the said Commissioners, sent from the saids Presbyteries where the Clerks reside, may and while some meanes be provided, whereby the Clerks charges may be sustained for coming with the saids Books themselves: And that under the pain of deprivation of the Clerk, in case of his neglect, and of such censure of the saids Commissioners, in case of their neglect as the Assembly shall think convenient.

Act Sess 5. August 1. 1642.

_Act anent the choosing of Kirk Sessions._

Anent the question moved to the Assembly, concerning the election of Kirk Sessions, The Assembly ordaines the old Session to elect the new Session both in Burgh and Land. And that if any place shall vaik in the Session chosen, by death or otherwise, the present Session shall have the election of the person to fill the vacand roome.

Sess 6. August 2. 1642.

_The Report of the Interpretation of the Act at_ Edinburgh, _anent tryal of Ministers._

The meaning of the foresaid Act, is not that an actual Minister to be transported, shall be tried again by the tryals appointed for trying of Expectants, at their entry to the Ministery, according to the Acts of the Kirk; but only that he bringing a Testimonial of his former tryals, and of his abilities, and conversation, from the Presbyterie from whence he comes, and giving such satisfaction to the Parochiners Presbyterie whereto he comes in preaching, as the Presbyterie finds his gifts fit and answerable for the condition and disposition of the Congregation, whereto he is presented. Because, according to the Act of the Assembly 1596. renewed at _Glasgow_, some that are meet for the Ministery in some places, are not meet for all alike: And Universities, Towns and Burghs, and places of Noblemens residence, or frequencie of Papists, and other great and eminent Congregations, and in sundry other cases, require men of greater abilities, nor will be required necessarily in the planting of all private small Paroches, the leaving of the consideration of these cases unto the judgement and consideration of the Presbyterie, was the only intention of the Act.

_The Assembly approves the meaning and interpretation foresaid: And appoints the said Act, according to this interpretation, to stand in force, and to have the strength of an Act and ordinance of Assembly in all time coming._

Act Sess. 7. August 3. 1642.

_Act anent the order for making Lists to His Majestie, and other Patrons for Presentations; The order of tryal of Expectants, and for trying the quality of Kirks._

Forsameikle as His Majestie was graciously pleased in His Answer to the Petition, tendred by the Commissioners of the late Assembly to His Majestie, to declare and promise, for the better providing of vaiking Kirks at His Majesties Presentation with qualified Ministers, to present one out of a list of six persons, sent to His Majestie from the Presbyteries wherein the vaiking Kirk lyeth, as His Majesties Declaration, signed with his Royal hand at _White-hall_, the 3. of _January_ last, registrate in the books of Assembly, this day at length beares. And suchlike whereas the Lords of Exchequer upon a Petition presented to them by the Commissioners of the Generall Assembly, and the Procurator and Agent for the Kirk representing two Prejudices; one, that gifts obtained from His Majestie of Patronages of Kirks, at His Presentation were passing the Exchequer, without the qualification and provision of a List, wherewith His Majestie was pleased to restrict himself; and the other, that some were seeking gifts of patronage of Bishop-Kirks, which we declared to belong to Presbyteries, to be planted by two Acts of the late Parliament, The saids Lords have ordained that no signatory containing gifts of patronages from His Majestie, shall passe hereafter, but with a speciall provision that the same shall be lyable to the tenor of His Majesties said Declaration. Ordaining also the Procurator & Agent of the Kirk to be advertised, & to have place to see all signaters whatsoever, containing any patronage, to the effect they may represent the interest of the Kirk therein; as the said Act of the date the 27 of _June_ last, registrate also in the Books of Assembly, this day at length beares. Therefore that the saids Kirks which now are, or which were at his Majesties presentation the sayd third day of _January_ last, may be the better provided with able Ministers, when the samine shall vaik, The Assembly ordaines that hereafter every Presbyterie shall give up yearly a Roll of the ablest of their Expectants, to their Synods; and that the Synods select out of these Rolls such persons whom they in certain knowledge judge most fit for the Ministrie and worthiest of the first place, With Power to the Synods to adde or alter these Rolls given by the Presbyteries, as they thinke reasonable: And that the Synods shall send the Rolls made by them in this manner, to the next Generall Assembly, who shall also examine the Rolls of the Synods, and adde or alter the same as shall be thought expedient. Which Roll made by the Generall Assembly, shall be sent to every Presbyterie & that the Presbyterie, with consent of the most or best part of the Congregation, shall make a List of six persons willing to accept of the presentation out of that Roll of the Assembly, upon every occasion of vacation of any Kirk within their bounds, and shall send the samine together with a blank presentation: The which (if His Majesty be Patron to the vacant Kirk) shall be sent by the said Procurator and Agent, to such as the Commissioners of the Generall Assembly, or in their absence the Presbyterie of _Edinburgh_: shall direct and think at that time most able and willing to obtain the presentation, to be signed and filled up by His Maj. choise of one of the List. And if the vacant Kirk be of a Patronage disponed by His Majesty since the 3. of _January_, in that case either the Presbyteries themselves shall send a List of six persons in maner aforesaid, with a blank presentation to the Patron, to be filled up by his choise, & subscribed or send the samine to the saids Officers of the Kirk, to be conveyed by them to the Patron of the vaiking Kirk, as the Presbyterie shall think most expedient. It is always declared, that this order shall be without prejudice to the Presbyteries, with consent foresaid, to put actual Ministers upon the said List of six persons, to be sent to the Patron of the said vaiking Kirks, if they please. And least that the nomination of Expectants by Presbyteries, Synods, or Assemblies, in their Rolls or Lists foresaid, be mis-interpreted, as though the Expectants nominated in these Rolls and Lists, were thereby holden & acknowledged to be qualified, which is not the intention of the Assembly, who rather think, that in respect of this Order, there should be a more exact tryal of Expectants then before: Therefore the Assembly ordaines, that no Expectants shall be put on the Rolls or Lists above-mentioned, but such as have been upon the publike exercise, at the least by the space of half a year, or longer, as the Presbyterie shall finde necessary. And suchlike ordaines, that hereafter none be admitted to the publike exercise, before they be tried according to the tryal appointed for Expectants, at their entrie to the Ministerie in the late Assembly at _Glasgow_, in the 24. Article of the Act of the 23. Session thereof: which tryall of the Assembly appoints to be taken of every Expectant, before his admission to the publike exercise. And suchlike ordaines, That the samine tryall shall be again taken immediatly before their admission to the Ministerie, together with their triall mentioned in the advice of some Brethren deputed for penning the corruptions of the Ministery, approven in the said Act of the Generall Assembly at _Glasgow_. And because that Kirks of the patronages foresaids, will vaik before the Rolls and Lists be made up by the Presbyteries, Synods, and General Assemblies, in manner foresaid: Therefore in the _interim_ the Assembly ordains the Commissioners of every Presbyterie here present, to give in a List of the ablest Expectants within their bounds, the morn, to the Clerk of the Assembly, that the Assembly may out of these Rolls, make a List to be sent to every Presbyterie: Out of which the Presbyteries shall make a List of six persons, with consent foresaid, and send the samine upon vacancie of any Church within their bounds, together with a presentation to His Majestie, or any other patron, in manner foresaid. And because the Procurator and Agent of the Kirk cannot get sufficient information to the Lords of Exchequer anent the Right and Interest of the Kirk, and Presbyteries in Kirks, whereof gifts of patronages may be presented to the Exchequer: Therefore the Assembly ordaines for their better information hereanent, that every Presbyterie, with all diligence, use all meanes of exact tryall of the nature and qualitie of all Kirks within their bounds, as what Kirks belong to the Kings Majesties patronage, what to other Laick patronages, what Kirks of old were planted by the Presbyteries, and what by Prelates, and Bishops, before the Assembly at _Glasgow_ 1638. what hath been the way and time of the change of the planting and providing of the Kirks, if any have been changed or any other thing concerning the nature and qualitie of every Kirk within their bounds, and to send the same to the Procurator of the Kirk with all diligence.

_Act anent Lists for the Kirks in the High-lands._

The Assembly considering that in _Argyle_, and in other places of the _Irish_ language, there will not be gotten six expectants able to speak that language, And therfore the Assembly is hopefull, that in these singular cases, His Majestie will be pleased for Kirks vacand in the _Highlands_, to accept of a List of so many expectants as can be had, able to speak the _Irish_ language. And the Commissioners Grace promiseth to recommend it to His Majestie.

_Overtures against Papists, non-Communicants, and profaners of the Sabbath._

The Assembly would draw up a Supplication to be presented by the Commissioners of the Presbyterie of _Edinburgh_ to the Councell at their first meeting, for the due execution of the Acts of Parliament and Councell against Papists, wherein it will be specially craved, that the Exchequer should be the Intromettors with the Rents of these who are excommunicate, and that from the Exchequer the Presbyterie may receive that portion of the confiscate goods, which the Law appoints to be imployed _ad pios usus_.

II. Every Presbyterie would conveen at their first meeting, all known Papists in their bounds, and require them to put out of their company, all friends and servants who are Popish within one moneth: Also within that same space, to give their children, sons and daughters, who are above seven yeers old, to be educate at their charges, by such of their Protestant friends, as the Presbyterie shall approve, and finde sufficient caution for bringing home within three moneths such of their children who are without the Kingdom, to be educate in Schooles and Colledges at the Presbyteries sight; to finde caution likewise of their abstinence from Masse, and the company of all Jesuits and Priests.

III. That all, of whatsoever rank or degree, who refuse to give satisfaction in every one of the foresaid Articles, shall be processed without any delay; but those who give satisfaction shall be dealt with in all meeknesse, after this manner: The Presbyteries shall appoint such of their number as they shall find fittest to confer with them so frequently as the Brethren are able to attend, until the midst of _October_ next, against which time, if they be not willing to go to Church, they shall give assurance to go and dwell in the next adjacent University Town, whether _Edinburgh_, _Glasgow_, _St. Andrews_, or _Aberdene_, from _November 1._ to the last of _March_, where they shall attend all the diets of conference which the Professor and Ministers of the bounds shall appoint to them: By which, if they be not converted, their obstinacy shall be declared in the Provincial Synods of _April_, and from thence their Processe shall go on to the very closure without any farther delay.

IV. That every Presbyterie, as they will be answerable to the next General Assembly, be careful to do their dutie in all the premisses.

V. That there be given presently by the Members of this present Assembly unto the Commissioners of the Presbyterie of _Edinburgh_, a List of all excommunicate Papists they know, and of all Papists who have children educate abroad, that they may be presented, together with our Supplication to the Councel, at their first sitting.

VI. That the Councel may be supplicate for an Act, that in no Regiment which goes out of the Kingdom, any Papists bear office, and that the Colonel be required to finde caution for this effect, before he receive the Councels warrant for levying any Souldiers: Also that he finde caution for the maintaining of a Minister, and keeping of a Session in his Regiment.

_Item_, The Assembly would enjoyn every Presbyterie to proceed against Non-communicants, whether Papists or others, according to the Act of Parliament made thereanent. And suchlike, that Acts of Parliament against prophaners of the Sabbath be put to execution.

_The Assembly approves the Overtures foresaid, and ordains
Presbyteries to put the samine to execution with all diligence:
And that the Commissioners of every Presbyterie give in a List of
the excommunicate Papists within their bounds, and of Papists
children out of the countrey to the Clerk, that the same may be
presented to the Councel by the Commissioners of this Assembly._

_Act anent the joyning of the Presbyterie of_ Sky _to the Synode of_ Argyle.

The General Assembly having considered the whole proceedings of the Commissioners of the late General Assembly holden at _Edinburgh_, anent the reference made to them concerning the Presbyterie of _Sky_, together with the whole reasons _pro & contra_ in the said matter, after mature deliberation have ratified and approved, and by these presents ratifie and approve the Sentence of the saids Commissioners thereintil. And further ordains the said Presbytery of _Sky_, and all the Ministers and Elders thereof, to keep the meetings of the Provincial Assembly of _Argyle_, where they shall happen to be appointed in all time coming, suchlike as any other Presbyterie within the bounds of the said Province of _Argyle_ uses to do: And that the samine Presbyterie be in all time hereafter within the Jurisdiction of the said Provincial Assembly, without any further question to be made thereanent.

Sess. 8. August 3. post Meridiem.

The Supplication of this Assembly to the KINGS MAJESTIE.

_To the Kings most Excellent Maj. the hearty Thanksgiving, and humble Petition of the General Assembly of the Kirk of_ Scotland, _met at_ St. Andrews, _July 27. 1642._

Our hearts were filled with great joy and gladnesse at the hearing of Your Majesties Letter, which was read once and again in face of the Assembly, every line thereof almost either expressing such affection to the Reformed Religion, and such Royal care of us, as we could require from a Christian Prince; or requiring such necessary duties from us, as we are bound to performe as Ministers of the Gospel, and Christian Subjects: For which, as solemne thanks were given by the Moderator of the Assembly, so do we all with one voice in all humility, present unto Your Majestie the thankfulnesse of our hearts, with our earnest prayers to God for your Majesties prosperity, and the peace of Your Kingdoms, that Your Majestie may be indeed a nursing Father to all the Kirks of Christ in Your Maj. Dominions; & especially to the Kirk of _Scotland_ honoured with Your Birth and Baptisme: Promising our most serious indeavours by doctrine and life, to advance the Gospel of Christ, & and to keep the people in our charge in Unity and Peace, and in all loyalty and obedience to Your Majestie and Your Laws. Your Majesties commands to Your Commissioner, the Earle of _Dumfermling_, to receive from us our just and reasonable desires for what may further serve for the good of Religion here, the favours which we have received already, and Your Maj. desires and delight to do good, expressed in Your Letter, are as many encouragements to us, to take the boldnesse in all humility to present unto Your Majestie (beside the particulars recommended to Your Majesties Commissioner) one thing, which for the present is the chiefest of all Our desires, as serving most for the glory of Christ, for Your Majesties Honour and Comfort; and not onely for the good of Religion here, but for the true happinesse and peace of all Your Majesties Dominions; which is no new motion, but the prosecution of that same by the Commissioners of this Your Majesties Kingdom in the late Treatie, and which Your Majestie, with advice of both houses of Parliament, did approve in these words: _To their desire concerning unitie in Religion and uniformitie of Church government, as a speciall meanes of conserving of Peace betwixt the two Kingdoms, upon the grounds and reasons contained in the Paper of the 10 of_ March, _given in to the Treaty and Parliament of_ England: It is answered upon the 15 of _June, That his Majestie, with advice of both Houses of Parliament, doth approve of the affection of His Subjects of_ Scotland, _in their desire of having the conformity of Church-government, betwixt the two Nations, and as the Parliament hath already taken into consideration __ the reformation of Church government, so they will proceed therein in due time, as shall best conduce to the glory of God, the Peace of the Church, and of both Kingdoms, 11 of_ June 1641. In Our answer to a Declaration sent by the now Commissioners of this Kingdom from both Houses of Parliament, we have not onely pressed this point of unity in Religion and Uniformity of Church government, as a meane of a firme and durable union betwixt the two Kingdomes, and without which former experiences put us out of hope long to enjoy the puritie of the Gospel with Peace, but also have rendred the reasons of our hopes and confidence, as from other considerations, so from Your Majesties late Letter to this Assembly, that Your Majestie in a happy conjunction with the Houses of Parliament, will be pleased to settle this blessed Reformation, with so earnestly desired a Peace in all Your Dominions. And therfore we Your Majesties most loving Subjects, in name of the whole Kirks of _Scotland_, represented by us, upon the knees of our hearts, do most humbly and earnestly beg, that Your Majesty in the deep of Your Royall Wisdom, and from Your affection to the true Religion, and the Peace of Your Kingdoms, may be moved to consider, that the God of Heaven and Earth is calling for this Reformation at Your hands, and that as you are his Vice-gerent, so You may be his prime Instrument in it. If it shall please the Lord (which is our desire and hope) that this blessed unitie in Religion and Uniformity in Government shall be brought about; Your Majesties Conscience, in performing of so great a dutie: shall be a well-spring of comfort to Your Self, Your memory shall be a sweet favour, and Your name renowned to all following generations. And if these unhappy commotions and divisions shall end in this peace and unity; then it shall appeare in the Providence of God, they were but the noyse of many waters, and the voyce of a great thunder before the voyce of harpers harping with their harps, which shall fill this whole Iland with melodie and mirth, and the name of it shall be, THE LORD IS THERE.

_The Declaration of the Parliament of_ England, _sent to the Assembly._